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William Kenoi <br /> February 9, 2007 <br /> Page 2 <br /> On August 21, 2006, David Bock, the editor of the Hawai'i Tribune Herald <br /> informed HOI that HTH newspaper articles posted on the HOI website was an <br /> infringement of its copyright. After LeeAnn Hara of HOI explained HOI was a non- <br /> commercial venture and full credit is given to the writer and media source of each <br /> article, Mr. Bock said he would consider this and would recontact HOI. To date, <br /> Mr. Bock has not contacted HOI. <br /> All newspaper articles and links to the Hawaii Tribune Herald, West Hawai'i <br /> Today, Honolulu Advertiser and the Honolulu Star Bulletin have been removed from the <br /> HOI website. <br /> Issues and Short Answers: <br /> 1. Whether the posting of copyrighted newspaper articles on the HOI website, <br /> without consent from the copyright owner, is an infringement of copyright law? <br /> Probably not. A copyright owner has the right to reproduce or to authorize others <br /> to reproduce the work. However, this right is not an exclusive right and is subject <br /> to certain limitations. One limitation is the doctrine of"fair use," whereby various <br /> purposes for reproducing a work may be considered "fair," such as teaching, <br /> news reporting, comment, criticism, scholarship and research. HOI's posting of <br /> the newspaper articles may likely be considered "fair use." <br /> 2. Whether providing a link to a newspaper's website is an infringement of copyright <br /> law? <br /> No. HOI providing a link to another website is not a violation of the copyright law, <br /> since no copying is involved. In addition, HOI did no distributing of copyrighted <br /> work because the "actual dissemination,"transferring a file from one computer to <br /> another, is done by the newspaper website. Although HOI provides the link to <br /> the newspaper website, it is the newspaper's website that transfers the <br /> images/articles to a user's computer and HOI is not involved in the transfer. <br /> 3. What is the procedure that should be followed in the future if HOI wants to <br /> a) post copyrighted newspaper articles on its website, or b) offer a link to a <br /> newspaper's website? <br /> a. Even if"fair use" is arguable, before using copyrighted material, the safest <br /> course is to always obtain permission from the copyright owner, preferably in <br /> writing. Acknowledging the source of the copyrighted material does not <br /> substitute for obtaining permission. <br />